Mr. Daniel G. Cooper November 7, 2015

Mr. Alexander Moore

Cache Valley Studios LLC

697 South Cove Street

Providence, UT 84332

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 45.27; 14 

CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 

CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 CFR Part 11, Mr. Daniel G. Cooper and Mr. Alexander Moore on behalf of Cache Valley 

Studios LLC, hereby petition for an exemption from the listed Federal Aviation Regulations 

(FARs) to allow commercial operation of its Unmanned Aircraft Systems (UAS), so long as such 

operations are conducted within and under the conditions outlined herein or as my be established 

by the FAA as required by Section 333. 

Proposed Operations:

Cache Valley Studios LLC, the operator, plans to exploit the capabilities of UAS to offer a 

multitude of commercial services including, but not limited to:

1. Real Estate video and photography

2. Aerial filmmaking and photography

3. Aerial surveying

4. Roof top inspections

5. Building exterior envelope inspection

6. Visual documentation of existing site conditions before, during and after construction

7. Quality control and assurance inspections

8. Agricultural support

9. Construction site inspections and monitoring

10. Educational programs

As described fully below, the requested exemption would permit the operation of UAS under 

controlled conditions in the national airspace system (NAS) that would be limited, controlled, 

predetermined, and will provide safety enhancements to the already safe operations in the 

industry presently using conventional aircraft. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities to “....establish requirements for the safe operation of such aircraft systems in the 

national airspace system.”
Unmanned Aircraft Systems to be Utilized: DJI Phantom 3 Professional, DJI Inspire 1

DJI Phantom 3 Professional

Weight (Including Battery and Propellers) – 1280 grams

Diagonal Size (Including Propellers) – 590 mm

Max Ascent Speed – 5 m/s

Max Speed – 16 m/s (ATTI mode, no wind)

Operating Frequency – 2.4GHz - 2.483 GHz

DJI Inspire 1

Weight (Including Battery) – 2935 grams

Diagonal Size (Including Propellers) – 559mm – 581mm

Max Ascent Speed – 5 m/s

Max Speed – 22 m/s (ATTI mode, no wind)

Operating Frequency – 2.400 GHz - 2.483 GHz, 5.725 GHz - 5.825 GHz

Regarding Unmanned Aircraft, Aircraft PIC, and Operations:

Cache Valley Studios LLC, in the role of operator, will ensure that the following qualifications 

and limitations are met.

1. The UAS will weigh less than 55 pounds and be operated at a speed not to exceed 87 knots. 

In no case will the UAS be operated at airspeeds greater than those recommended by the

manufacturer.

2. Flights will be operated within visual line of sight (VLOS) of the PIC.

3. The UAS operated will be identified by serial and N-number markings.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL).

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and 

may include but not limited to a Camera Operator.

6. The UAS pilot will be a designated Pilot in Command (PIC) and hold an airline transport, 

commercial, private, recreation, or sport pilot certificate. The PIC will also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license. 

7. A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities.

8. All operations shall be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. The operator will obtain 

verbal/written consent of the property owner/controller or authorized representative.

9. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated.
10. The PIC and VO will be able to communicate by voice at all times.

11. Written and/or verbal permission and permits will be obtained from territorial, state, county or 

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

12. If the UAS loses communications or loses GPS signal, the UAS will have the capability to 

return to a pre-determined location within a designated location and land autonomously.

13. The PIC will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.

14. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics must undergo a functional test flight prior to conducting further operations. 

Functional test flights will only be conducted by a PIC with a VO and will remain at least 500 

feet from other people. The flight test will be conducted so as not to pose an undue hazard to 

persons or property.

15. The operator will be responsible for maintaining and inspecting the UAS to ensure that it is 

in condition for safe operation. 

16. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in 

a condition for safe flight. The pre-flight inspection shall account for all potential discrepancies. 

If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft shall 

be prohibited form operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight.

17. The operator will develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component

parts, and the total time in serice of the UAS.

18. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

19. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated in missions 

designated by the operator. This will include training in evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency shall be logged in a manner consistent with 14 CFR 

61.51(b).

20. The UAS will not be operated by the PIC from any moving device or vehicle.

21. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles.

22. UAS operations will not be conducted during night as defined in 14 CFR 1.1. All operations 

shall be conducted under visual meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) will not be undertaken. 

23. The UAS will remain clear and give way to all manned aviation operations and activities at 

all times.
Regulations From Which Exemptions Are Requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 45.27

14 CFR 61.113 (a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

The Extent of and Reason for Relief Sought:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333

of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these 

criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without 

the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured and designated area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. 

These safety enhancements provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.
14 C.F.R. § 45.23 and 45.27 Marking of the Aircraft

Aircraft Section 45.23(b) requires markings in letters not less than 2 inches nor more than 6 

inches high the words, "limited, "restricted," and "experimental," as applicable. Section 45.27 

requires that each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by§ 45.23. Given the size of the 

UAS, two-inch lettering will not be feasible. The UAS will also have no entrance to the cabin, 

cockpit, or pilot station on which the applicable words can be placed. 

An equivalent level of safety will be achieved by having any required words displayed on the 

aircraft, as applicable, in letters of legible size, in a location where the pilot, observer, and others 

working with the UAS will see the identification. The FAA has issued exemptions to § 45.23 in 

Exemptions Nos. 10700, 8738, 10167, 10167A and 11062. The FAA issued an exemption to 

45.27 in Exemption No.8496B.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

An equivalent level of safety will be maintained by the operator ensuring the airworthiness of the 

UAS based upon its compliance with the manufacturer’s operating documents and instruction 

manual.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. The UAS, given its size 

and configuration has no ability or place to carry such a flight manual on the aircraft, not

only because there is no pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft. 

An equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the PIC of the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action

This regulation requires that the pilot in command shall, before beginning the flight, become 

familiar with all available information concerning that flight, including operating in the vicinity 

of airports, weather information, fuel requirements, and alternative actions if the flight cannot be 

executed as planned. 

Before every flight and to achieve an equivalent level of safety, the pilot not only will be familiar 

with the location of nearby airports and weather information to guarantee that the flight can be 

executed safely, but also will be aware of the environment around him, possible obstructions and 

duration of flight and battery energy, to guarantee a safe flight.
14 C.F.R. §91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. 

An equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400' AGL. As set forth herein, except for the limited conditions stated in the 

Manual, the UAS will never operate at altitudes higher than 400' AGL. It will however be 

operated in an area with perimeter, where buildings and people will not be exposed to operations 

without their pre-obtained consent. 

An equivalent level of safety will be achieved because of the size, weight, and speed of the UAS,

as well as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the maximum 55 pounds proposed herein and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 400' AGL. In addition, the low-altitude operations of 

the UAS will ensure separation between these small UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. The FAA issued an exemption to 

this regulation in Exemption No. 11062.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the UAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption is needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the preflight check list 

and live flight data monitoring, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to 

fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 23 minutes of powered flight. To meet 

the 30 minutes reserve requirement in 14 CFR §91.151, UAS flights would be unable to even 
begin the operation. Given the limitations on the UAS’s proposed flight area and the location of 

its proposed operations within a predetermined area, the petitioner believes that an exemption 

from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small UAS in 

a tightly controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender

the type of risks that Section 91.151(a) was intended to alleviate.

An equivalent level of safety shall be achieved because the UAS in this petition are electrically 

powered, and safety is achieved through a low battery power warning. Great care will be given in 

planning to ensure that the mission profile will fit within the limitations of the battery. The DJI 

UAS are designed to automatically return to the starting point and land safely if the power 

remaining in the battery becomes too low.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may

operate a civil aircraft unless it has within it the following: (1) An appropriate and current 

airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight authorization issued under 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the operator. 

An equivalent level of safety will be achieved because these small UAS are very limited in size 

and will carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise, the UAS can land immediately and will be operating from no higher than 

400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety. An equivalent level of safety will 

be achieved because maintenance and inspections will be performed in accordance with the UAS 

manufacturer's manual. The operator will ensure that the UAS is in working order prior to 

initiating flight and perform required maintenance as needed.

How Granting the Request Will Be In the Public Interest:

Aerial data collection by UAS, as an available service to the public, allows for a lower cost and a 
safer method of operation than that of fixed-wing aircraft and traditional rotorcraft. Because 

conventional methods are expensive, create substantial noise, and are much more threatening due 

to size, weight and the combustible fuel on board, public interest is benefitted by allowing UAS 

to complete these tasks. Lack of combustible fuel, no harmful emissions, and the small size of 

the platform will also minimize ecological damage and promote economic growth by providing 

useful services to the company's clients. Aerial surveys are valuable tools for roof, utility-power 

generation, cell phone towers, bridge and tunnel inspections and other elements that comprise the 

national transportation and communication infrastructure. However, problems with availability, 

safety and cost often impede aerial surveys and inspections and other aerial data collection from 

conventional manned aircraft. The use of UAS addresses these problems. They are powerful 

tools for performing a wide range of aerial data collection applications such as those stated on the 

first page of this document. The public as a whole will benefit from the safer and more costeffective utility aerial services that UAS operations provide. The Petitioner would also offer 

services, upon request and with proper coordination, to any official search and rescue or 

emergency services organization in order to benefit the public. 

Additional Information:

Cache Valley Studios LLC, hereby respectfully requests exemption under Section 333 in order to

pursue commercial UAS operations with the intent of providing our customers a safe, highquality, aerial data collection platform on which to meet their needs. Thank you for your 

consideration.

Respectfully submitted,

Daniel G. Cooper

Daniel G. Cooper

Cache Valley Studios LLC

697 South Cove Street

Providence, UT 84332